Garuda - Garba Rujukan Digital

Jurnal Spektrum Hukum Konflik Norma Pasal 15 Ayat (2) Dan Ayat (3) Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia (Studi Putusan MK Nomor 18/PUU-XVII/2019) Firman Ikhsan
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.15

The rights of Fiduciary guarantees, in practice, are often violated by Fiduciary guarantee recipients. Even thuggery methods are used for this purpose. The purpose of this study was to identify and analyze the legal norms formulated in Article 15 of the Fiduciary Guarantee Law and the conflicting norms of Article 15 paragraph (2) and paragraph (3) of the Fiduciary Guarantee Law with the original intense formulation of Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia . The research method uses a normative juridical approach. Legal norms which are the legal substance of the formulation of the Fiduciary Guarantee provisions are analyzed through a concept and law approach. Fiduciary towards the 1945 Constitution, caused by the phrase "executive power" and the phrase "the same as a court decision that has permanent legal force" which is contrary to the principles of legal certainty and fairness of the parties to the agreement. The legal argument is the subjectivity of creditors (Fiduciary Recipients) in assessing and determine the circumstances of default (default) of the debtor (Fiduciary Provider).

Implementasi Wisata Medis Berdasarkan Undang-Undang Nomor 10 Tahun 2009 Subarno Subarno
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.22

Health is one of the basic human needs, now also can be one alternative lifestyle that can be selected by someone to get satisfaction in his life, such as medical tourism. Medical tourism is an activity carried out by an individual to get a health service or medical care abroad. In the effort to develop the health system and competition and the impact of health globalization, it does not rule out the possibility that medical tourism raises intense competition among hospitals in providing quality services and superior service products provided by hospitals in attracting foreign patients to come get treatment. Objective of this research is to determined factors that affect hospital to be medical tourism’s aim. Methods in this research is literature review from international journals. The results is hospital needs to improve their physician’s skill, facilities, accessibility, and promotions. So that medical tourism is a new phenomenon for hospitals in Indonesia to prepare professional and superior health personnel and sophisticated health technology as a developmental need for medical tourism. Need to study or identify factors that influence medical tourism in hospitals in Indonesia.

Kebijakan Hukum Terhadap Pelaku Perundungan Di Sekolah Yang Berdampak Pada Perkembangan Mental Anak Ardian Firmansyah
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.23

The number of cases of criminal acts of bullying lately has increased, which is even sadder to the point where victims die. Of the several cases that have come to the public's attention is the bullying committed by children in the school environment. This phenomenon requires the government to issue policies to deal with cases of bullying. This research is intended to examine and provide an understanding of how legal policies are against perpetrators of bullying in schools and how big the impact of bullying is on the mental development of children as victims. This type of research is normative legal research with library research as the approach. The results of the study show that children as perpetrators of bullying should not be left alone in a peaceful settlement through the implementation of a diversion process outside the judiciary, but rather be given sanctions in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Article 82 paragraph (1) letter e of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, namely the obligation to attend formal education and/or training organized by the government or private bodies, is the proper legal basis for imposing sanctions on acts against children . In particular, some of the impacts of bullying on mental health are that the victim experiences trauma to the perpetrator, depression which causes the victim to experience a decrease in concentration, further loss of self-confidence, as a form of revenge, the victim has a feeling of wanting to bully, fear of being seen or noticed in public or social bullying , anxiety that tends to be excessive, dropping out of school and even the victim commits suicide. Meanwhile, the result of bullying for children's mental health is that victims of bullying tend to be alone because they feel the most guilty among others, victims have decreased self-confidence, reduced enthusiasm for life so they prefer to be moody and not anxious. For some people their emotions are getting more and more uncontrollable so that it results in a feeling of revenge in the victim's heart and makes them want to do what they have experienced against other people.

Tanggung Jawab Hukum Rumah Sakit Terhadap Pasien Akibat Salah Sisi Operasi Ristyani Krisnawati
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.26

Hospitals have an obligation to provide services in accordance with standard operating procedures for patient care, maintain patient safety and security, and provide accurate information. Incorrect medical treatment such as surgery on the side of the body that is not in accordance with the diagnosis can have a serious impact on the patient. The wrong side of the operation on the patient caused by the negligence of medical staff may result in legal liability for negligence. The hospital can be held responsible and obliged to provide compensation for the physical, emotional and financial losses suffered by the patient. If an incident occurs that harms the patient, the hospital may be subject to lawsuits. Hospitals must be legally responsible and take steps to improve the medical service system to improve quality and patient safety.

Perlindungan Hukum Terhadap Pasien Pengguna BPJS Kesehatan Di Rumah Sakit Dewinta Widianingtyas
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 3 (2024): Juli : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i3.29

Health BPJS program aims to provide assurance of social protection and welfare for all Indonesian people. One of the problems that patients who use BPJS often face is the problem of Health BPJS services in the field, namely cases of refusal of patients participating in Health BPJS to get an examination room by the hospital. The need for legal protection in obtaining health services, which aims to ensure legal certainty obtained by patients that patients avoid losses when receiving health services that should be provided properly and optimally by health workers. This study aimed to identify and analyze the legal protection of patients who used Health BPJS in hospitals. This study used a normative juridical approach. The result showed that there were two kinds of legal protection for Health BPJS participants in health services, namely preventive and repressive legal protection.

Arbitrase Syariah Di Indonesia : Tantangan Dan Solusi Dalam Penyelesaian Sengketa Idandi limbong; Irfan Maulana Siregar; Chairul Azmi Nasution; Raja Muhammad Fahreza; Muhammad Fadil; Nurul Kholis
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): Oktober : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i4.135

Penelitian ini bertujuan untuk mengeksplorasi tantangan dan solusi dalam implementasi arbitrase syariah di Indonesia, khususnya dalam konteks perbankan syariah dan lembaga keuangan syariah. Melalui pendekatan hukum normatif dan metode kualitatif, penelitian ini mengkaji regulasi yang ada serta peran Badan Arbitrase Syariah Nasional (BASYARNAS) dalam menyelesaikan sengketa. Fokus utama penelitian adalah untuk memahami bagaimana mekanisme arbitrase syariah dapat berfungsi secara efektif dalam mengatasi konflik yang muncul di sektor ekonomi syariah. Hasil penelitian menunjukkan bahwa meskipun arbitrase syariah menawarkan solusi cepat dan sesuai dengan prinsip-prinsip hukum Islam, masih terdapat berbagai tantangan yang harus diatasi. Tantangan utama termasuk minimnya pemahaman masyarakat tentang arbitrase syariah, terbatasnya jumlah arbiter yang kompeten, dan inkonsistensi regulasi yang mengatur penyelesaian sengketa. Penelitian ini juga menemukan bahwa upaya sosialisasi dan peningkatan kapasitas arbiter sangat penting untuk memperkuat implementasi arbitrase syariah. Sebagai solusi, penelitian merekomendasikan peningkatan edukasi mengenai arbitrase syariah kepada masyarakat dan pelaku bisnis, serta penguatan regulasi yang mendukung penyelesaian sengketa berbasis syariah. Dengan langkah-langkah tersebut, diharapkan arbitrase syariah dapat berkontribusi lebih signifikan dalam menciptakan iklim investasi yang aman dan stabil dalam ekonomi syariah di Indonesia.

Tinjauan Yuridis Tindak Pidana Pencurian Dengan Pemberatan Yang Dilakukan Secara Berlanjut Putusan Nomor 1271/Pid.B/2023/PN Lbp Lusiani Silalahi; Tri Reni Novita
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): Oktober : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i4.163

Cases of criminal acts of theft with ongoing aggravations, as regulated in various court decisions, criminal law provisions often give the impression that there is only one main perpetrator who is charged with criminal sanctions for each criminal act. Shows how criminal law must respond to situations where crimes are committed repeatedly and involve more than one individual. In general, participation can be interpreted as an act (criminal act) carried out by more than one person. Therefore, determining the position of the perpetrator in a criminal act is very important. Perpetrators in the general sense of plea must be distinguished from perpetrators in the formulation of Article 55 paragraph (1).The aim of this research is to determine the Juridical Review of the Crime of Theft with Continuous Aggravation. The location for data collection in this research was at the Galang Police Criminal Investigation Unit, Deli Serdang Police on Jl. Perintis Independen No 1 Galang Kota, Galang sub-district, Deli Serdang Regency. The type of research used in this research is empirical research, namely legal research carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Researchers can use one or a combination of techniques depending on the problem being faced or being researched. The data analysis technique used in this legal research uses qualitative analysis.Based on the research results, in Decision Number 1271/Pid.B/2023/PN Lbp regarding the crime of theft with ongoing aggravation, various causal factors and legal considerations show the complexity of the case. The main causal factors include economic and social conditions that encourage individuals to look for shortcuts in meeting their living needs, as well as the influence of the social and social environment which can increase the risk of involvement in criminal acts. Lack of access to education and training, as well as psychological factors such as emotional disorders and certain personality characteristics, also play a significant role in driving criminal activity.It can be concluded that the application of Article 363 Paragraph (1) 3rd and 4th of the Criminal Code, the Panel of Judges considered that the defendant's actions fulfilled the elements of the crime of theft with aggravation as regulated in Article 363 Paragraph (1) 3rd and 4th of the Criminal Code.

Implementasi Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan Studi Penertiban Lalu Lintas di Wilayah Hukum Kepolisian Kota Deli Serdang Muhammad Fadli Antony; Syahrul Bakti Harahap
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): Oktober : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i4.164

Traffic and road transportation have an important role in supporting national development and integration as part of efforts to advance general welfare as mandated by the 1945 Constitution of the Republic of Indonesia. The type of research used in this research is empirical juridical research, namely legal research. which is carried out by direct research or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection methods are techniques or methods that can be used by researchers to collect data. The data analysis technique used in this legal research uses qualitative analysis. Based on research that has been carried out, the duties and authority of the Deli Serdang City Traffic Police are fully in accordance with the provisions of Law Number 22 of 2009 concerning Road Traffic and Transportation by ordering and supervising the flow of traffic so that the safety and smoothness of traffic on public roads is maintained. . Various methods and forms of control are carried out by the police, but there are still traffic violators who violate traffic rules. In accordance with Law No. 22 of 2009 concerning Traffic and Road Transport Rules, and Standard Operating Procedures (SOP) owned by the Deli Serdang Regency Police Traffic Unit, control is carried out by warning and ticketing vehicles so that a ticket is given. Based on the results of the interviews, researchers could find out that the implementation of legal socialization carried out by law enforcers was not effective because they only socialized it at the school level and in the fields under Deli Serdang, but the people in the villages or sub-districts did not receive this socialization. Based on the results of the research, it is concluded that the obstacles that arise in the implementation of Law Number 22 of 2009 concerning Road Traffic and Transportation (Study of Traffic Control in the Legal Area of the Deli Serdang City Police. There are several inhibiting factors that cause the implementation of Law No. 22. 2009 Article 77 Paragraph 1 concerning Traffic and Road Transport Rules for Riding Motorbikes in Deli Serdang Regency and to determine the effectiveness or ineffectiveness of legal regulations regarding the obligation to have a driver's license for driving motorized vehicles when driving in the LLAJ Law

Analisis Yuridis Mengenai Tindak Pidana Pembunuhan Menghilangkan Nyawa Seseorang : Studi Kasus Nomor 200/Pid.B/2023/PN KBJ Dadang Suganda; Halimatul Maryani; Dani Sintara; Tri Reni Novita
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): Oktober : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i4.165

In Article 338 of the Criminal Code, the element of taking a life is formulated as een ander van het leven beroven which means "taking another person's life". Because the act or behavior of taking another person's life does not always contain an element of violence, whereas if the word oven is translated with the word plunder then the act must be carried out with violence. The research method used in this thesis is juridical-empirical. Juridical-empirical research is legal research regarding the application or implementation of normative legal provisions directly to each specific legal event that occurs in society. Data collection methods are techniques or methods that can be used by researchers to collect data. The technique of designating a word that is abstract and not manifested in objects, but its use can only be seen through: questionnaires, interviews, observations, exams (tests), documentation, etc. Based on the research results, in case 200/Pid.B/2023/PN Kabanjahe, the application of Article 338 of the Criminal Code (KUHP) as a basis for assessing the crime of murder has a number of aspects that need to be studied in depth. The Public Prosecutor charged the Defendant with many articles, starting from Article 170 paragraph (2) 3e of the Criminal Code to Article 55 paragraph (1) 1st of the Criminal Code. This shows the prosecutor's efforts to cover all actions carried out by the Defendant. However, the main focus should be on premeditated murder, which is regulated in Article 340 of the Criminal Code. In case 200/Pid.B/2023/PN Kabanjahe, the defendant Melina Simanjuntak alias Mamak Rani alias Ina Juntak was found guilty of committing the crime of murder accompanied by theft based on Article 339 of the Criminal Code in conjunction with Article 55 paragraph (1) 1st of the Criminal Code. The Panel of Judges considered a number of legal facts revealed during the trial, including the Defendant's direct involvement in the criminal acts committed with Jamando Sipayung. The use of strong evidence, such as bloodstains and valuables belonging to the victim, further strengthens the charges. Therefore, the Defendant was sentenced to prison for 15 years, with the period of detention already served being deducted from the sentence. Based on the research that has been carried out, it can be concluded that in case 200/Pid.B/2023/PN Kbj, the application of the elements The crime of murder as regulated in Article 338 of the Criminal Code has been carried out carefully. Apart from that, the consideration of the Panel of Judges in handing down sentences against perpetrators also reflects justice. The judge considers the background of the case, the perpetrator's motivation based on hurt feelings, and the impact of the act on the victim and his family

Penerapan Sanksi Pidana Oleh Hakim Terhadap Pelaku Tindak Pidana Kecelakaan Lalu Lintas Yang Mengakibatkan Kematian Eka Suryani; Nelvitia Purba
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): Oktober : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i4.166

Traffic accidents are a very serious health problem in the world which causes death and is ranked 9th in the world. Indonesia is ranked 5th in the world as the country with the highest traffic accident rate. This research aims to determine the application of criminal sanctions by judges to perpetrators of criminal traffic accidents that result in death. The location for data collection in this research is at the Deli Serdang Police Traffic Unit Gakkum Unit which is located on Jl. Sudirman, No. 18. Lubuk Pakam, North Sumatra, Indonesia. The type of research used in this research is empirical research, namely legal research carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. These materials are arranged systematically, studied, then a conclusion is drawn in relation to the problem being studied. The data analysis technique used in this legal research uses qualitative analysis. Based on the results of research conducted by Government Regulation no. 37 of 2017 also strengthens the importance of supervision and law enforcement in the field of traffic safety, underlining the need for traffic engineering and improved traffic management to prevent accidents. The research concludes that legal regulations are adequate, but their implementation in the field still requires strengthening, especially in consistently enforcing criminal sanctions. In decision 1271/Pid.Sus/2022/PN/Lbp, there are a number of important factors which are the judge's main considerations in imposing criminal sanctions on perpetrators of traffic accidents that cause death. First, the defendant's negligence factor is the main key in determining sanctions. The judge considered that the defendant's negligence, who was driving the vehicle while tired and sleepy, was the main cause of the accident. Crimes related to traffic accidents also refer to Articles 359 and 360 of the Criminal Code for cases involving death or injury due to negligence. Obligations for public transport companies involved in accidents are also regulated in the LLAJ Law, which includes the obligation to compensate passengers or goods owners. The implementation of this law shows that even though the rules have been stipulated in detail, the effectiveness of law enforcement is still influenced by law enforcement facilities and infrastructure as well as community behavior in complying with applicable rules. It can be concluded that the Criminal Code (KUHP) and Law no. 22 of 2009 concerning Road Traffic and Transportation has provided a clear legal basis. Article 359 of the Criminal Code regulates negligence that results in the death of another person with the threat of a prison sentence of up to five years. In decision 1271/Pid.Sus/2022/PN/Lbp, there are a number of important factors which are the judge's main considerations in imposing criminal sanctions on perpetrators of traffic accidents that cause death. In its application the judge imposed a lighter sentence compared to the maximum sentence regulated in Article 310 paragraph (4) of the Traffic Law, although he still took into account the serious consequences of the defendant's negligence which caused the fatal accident.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Rengga Kusuma Putra

Contact Email
garuda@apji.org

Phone
+6285726173515

Journal Mail Official
adminojs@apji.org

Editorial Address
Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195

Location
Kota semarang,

Jawa tengah

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Rengga Kusuma Putra

Contact Email garuda@apji.org

Phone +6285726173515

Journal Mail Official adminojs@apji.org

Editorial Address Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Rengga Kusuma Putra

Contact Email
garuda@apji.org

Phone
+6285726173515

Journal Mail Official
adminojs@apji.org

Editorial Address
Perum Cluster G11 Nomor 17 Jl. Plamongan Indah, Pedurungan, Kota Semarang 50195, Semarang, Provinsi Jawa Tengah, 50195

Location
Kota semarang,

Jawa tengah

INDONESIA